A man whose truck was rear-ended by another driver has received $731,095 for serious injuries he incurred in the accident. The incident, which occurred in 2009, resulted in the plaintiff sustaining damage to his neck, left shoulder, chest, lower back and right knee.
On the day of the accident, the man was slowing down along Jedda Road in anticipation of pulling his truck into a driveway. The defendant, who was driving a similar vehicle, collided into the back of the plaintiff.
The defendant braked hard in an effort to avoid a crash, but had taken his eyes of the road in the lead-up to incident. While he admitted negligence in causing the accident, he disputed some elements of the plaintiff’s case.
For example, the defendant alleged many of the injuries the plaintiff said were from the crash were actually sustained previously. Specifically, the man was assaulted in 2004, leading to a fracture to the left orbit of his eye.
He also suffered a slip and fall accident at work three years later, which caused temporary damage to his left shoulder. A car accident in 2008 further aggravated the man’s left shoulder and he also hurt his right knee and chest.
Judge decides on disability claim
One of the obstacles in the case was the plaintiff’s difficulty in understanding the difference between injury and disability. Court documents state that the man had learning problems and found it challenging to articulate his injuries in detail.
The defendant said many of the man’s injuries allegedly sustained in the 2009 incident were notably similar to ailments picked up in previous accidents. However, the judge ruled that the plaintiff appeared to have fully recovered from his other injuries, making it logical that his current difficulties were most likely experienced in the truck collision.
As such, the plaintiff was awarded $731,095, with the largest proportion arising from the man’s loss of future earning capacity. The judge ruled this to be worth over $250,000.
The man also received $150,000 in non-economic losses and nearly $180,000 in previous lost wages. Future domestic assistance and treatment costs were estimated at $20,000 and $25,000 respectively, while $100,000 was put aside for past out-of-pocket expenses.
If you have recently been in a car accident and feel you may be entitled to compensation, please contact expert personal injury lawyers at Gerard Malouf & Partners today.